1 Acceptance of this Agreement
1.1 By accessing this Website and continuing to access it, you agree to be bound by the Conditions as set out in this agreement. Further, by registering as an advertiser or as a work-seeker on this Website you also agree to be bound by the Conditions set out in this agreement.
1.2 Only once you have accepted these Conditions are you permitted to receive Services as defined below or continue to use the Website.
1.3 If you do not accept these Conditions then you are not entitled to receive Services on offer on this Website and you should discontinue any use you are making of the Website immediately.
1.4 The agreement between us, following your acceptance of its terms as set out in this Condition, comprises these General Conditions:
a.The Recruiter or Job-Seeker Conditions as appropriate to you; and
b.The Website User Agreement comprising the;
c.Acceptable Use Policy;
d.Disclaimer;
e.Privacy Policy; and
f.Content Removal Policy,
all of which documents and any schedules or appendices to or of them are incorporated into and form part of this Agreement (as defined below).
2. Definitions
"Agreement" means this Agreement between you and us for the provision of Services incorporating the documentation referred to in Condition 1.4;
"Conditions" means the Conditions for the provision of Services set out in this agreement and any special Conditions agreed in writing between us;
"Recruiter" means the party setting up a user account under the Recruiter area and who places adverts for job vacancies whether that person is the actual recruiter or acting in the capacity of Employment Agency or Employment Business or is otherwise acting on a recruiter's behalf in seeking contact with job-seekers;
"Services" means the services available to you on the Website which you are, subject to this Agreement, free to purchase from us on the applicable terms;
"Work-Seeker" means individual users of the Website in search of employment opportunities;
"Website" or "site" means jobber.co.in
jobber.co.in and all associated or derivative sites owned or controlled by us; and
"you" means the Recruiter or Work-Seeker who has accessed our Website and who wishes to benefit from the Services on the terms of the Agreement.
2.1 These Conditions shall apply to all contracts for the provision of Services by us to you and shall prevail over any other documentation or communication proffered or relied on by you.
2.2 Any variation to these Conditions (including any special Conditions agreed between the parties) shall be inapplicable unless agreed in writing by us.
2.3 Any complaints should be addressed to our address stated in the definitions.
2.4 Any special conditions applying to the provision of the Services will be separately agreed with you and recorded in a discrete document.
2.5 In this Agreement, the singular includes the plural, and vice versa, one gender refers to all genders and headings shall not be used to interpret the Conditions to which they relate.
3 The Services
3.1 We shall perform the Services (more particularly described later in this document or on the Website) with reasonable skill and care.
3.2 However, where applicable and in accordance with the Disclaimer, we do not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all.
3.3 We may have to suspend the Services for repair, maintenance or improvement. If so, we will restore them as quickly as is reasonably possible.
3.4 Your accessing of the Services is entirely at your own risk and while we take reasonable precautions against viruses and other computer-related problems, we cannot be liable for any loss you incur should your use of or connection to the Website result in any loss or corruption or other damage to your data, software or hardware.
4 Intellectual Property
4.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws.
4.2 In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use.
4.3 None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
4.4 We do not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Website (to including using anything you post by way of comment on any Interactive Service such as a notice board or forum as a testimonial or for other publicity purposes even after you have ceased to display such Content). The licence shall be terminated when such Content is deleted from the Website.
4.5 You agree to indemnify and hold us and our employees and agents harmless from and against any breach by you of this Agreement and any claim or demand brought against us by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted on the Website, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by us in consequence of your breach of this Agreement
5 Force Majeure
Neither party shall be liable for any failure or delay in performance of its obligations under this agreement which is caused by circumstances beyond the reasonable control of that party.
6 Survival of Rights
Termination of this agreement shall not affect any rights of the parties accrued up to the date of termination.
7 Entire agreement
This agreement contains the entire agreement between the parties in respect of (subject matter of agreement) and supersedes any prior written or oral agreement between them relating to it and the parties confirm that they have not entered into this agreement on the basis of any representations that are not expressly incorporated in this agreement. However, nothing in this agreement purports to exclude liability for any fraudulent statement or act.
8 Variation
This agreement may be amended, modified, varied or supplemented by us at any time subject to us informing you in writing of any changes we believe may be relevant to your Contract.
9 No Assignment, Transfer or Sub-contracting
This agreement and all rights under it is personal to the parties and may not be assigned or transferred by you but we will be free to sub-contract the whole or part of our obligations under this agreement should we see fit to do so.
10 No Inducement
Each of the parties acknowledges that, in entering into this agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law.
11 Further Assurance
Each party to this Agreement shall at the request and expense of the other execute and do any deeds and things reasonably necessary to carry out the provisions of this agreement or any ancillary agreements to which the parties are contracted.
12 No Waiver
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
13 Severability of Provisions
If any term or provision in this Agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
14 Remedies Cumulative
The remedies provided in this Agreement are cumulative and not exclusive of any remedies provided by law.
15 Joint and Several Liability
Where you comprise more than one person your obligations and liabilities under this agreement shall be joint and several.
16 No partnership, agency or employment
This Agreement shall not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the parties other than the contractual relationship expressly provided for in this Agreement and neither party shall be or be deemed to be the employee or employer of the other party. Neither party shall have, nor represent that it has, any authority to make any commitments on the other party's behalf or to pledge its credit.
17 Warranty of Authority and Freedom to Contract
Each party warrants, agrees and undertakes with the other that:
17.1 it is free to enter into this agreement and grant the other party the rights granted under it and is not under any disability, restriction or prohibition which might prevent the warranting from performing or observing any of its obligations under this agreement.
17.2 it has not entered into and shall not enter into any arrangement which may conflict with this agreement.
17.3 all third party liabilities shall be the sole responsibility of the warranting party and the other party shall not incur any liability for them.
18 GST
All sums payable under this agreement are exclusive of GST which shall where applicable be paid in addition at the rate in force at the due time for payment subject to the provision of a proper GST invoice.
19 Interest on Late Payments
Interest on overdue invoices shall accrue from the date when payment becomes due from day to day until the date of payment at the statutory rate in force from time to time and shall accrue at such a rate after as well as before any judgment.
20 Time of the Essence
Time shall be of the essence of this agreement as regards any time, date or period mentioned in this agreement or subsequently substituted as a time, date or period by agreement in writing between the parties.
21 No Deduction, Set-Off or Counterclaim
All sums under this agreement shall be paid by any party without any discount, deduction, set-off or counterclaim whatsoever.
22 Confidentiality and Publicity
Neither party will disclose to any third party details of this agreement without the prior consent of the other and neither party shall make any press or other public announcements concerning any aspect of this agreement, or make any use of the name of the other party in connection with or in consequence of this agreement, without the prior written consent of the other party.
23 Service of Notices
23.1 Any notice required or authorised to be given by either party under this agreement to the other party shall be in writing and shall be sent by pre-paid registered or recorded delivery post, electronic mail or facsimile transmission (but not SMS) to the other party at the address stated in this agreement or such other address as may be specified by the parties by notice to the other from time to time.
23.2 Any such notice shall operate and be deemed to have been served at the expiration of 2 days after it is posted or on the next working day if transmitted by telex, electronic mail or facsimile (subject to production of a transmission report or other electronic record proving successful transmission).
24 Law and Jurisdiction
This agreement and any claims or disputes arising out of or in connection with it shall be governed by and construed in accordance with the law of India and each party agrees to submit to the exclusive jurisdiction of the courts of Delhi, India.